FILED: October 19, 2021

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

___________________

No. 20-1001 (L)

(7:16-cv-00030-H-KS)

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BONNIE PELTIER, as Guardian of A.P., a minor child; ERIKA BOOTH, as 

Guardian of I.B., a minor child; KEELY BURKS

 Plaintiffs - Appellees

v.

CHARTER DAY SCHOOL, INC.; ROBERT P. SPENCER, in his capacity as 

member of the Board of Trustees of Charter Day School, Inc.; CHAD ADAMS, in 

his capacity as member of the Board of Trustees of Charter Day School, Inc.; 

SUZANNE WEST, in her capacity as member of the Board of Trustees of Charter 

Day School, Inc.; COLLEEN COMBS, in her capacity as member of the Board of 

Trustees of Charter Day School, Inc.; TED BODENSCHATZ, in his capacity as 

member of the Board of Trustees of Charter Day School, Inc.; MELISSA GOTT, 

in her capacity as member of the Board of Trustees of Charter Day School, Inc.

 Defendants - Appellants

and

THE ROGER BACON ACADEMY, INC.

 Defendant

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NORTH CAROLINA INSTITUTE FOR CONSTITUTIONAL LAW; CIVITAS 

INSTITUTE, INC.; PAUL B. STAM, JR.

 Amici Supporting Appellants
NATIONAL WOMEN'S LAW CENTER; A BETTER BALANCE; AMERICAN 

ASSOCIATION OF UNIVERSITY WOMEN; AMERICAN FEDERATION OF 

STATE, COUNTY, AND MUNICIPAL EMPLOYEES; AMERICAN 

FEDERATION OF TEACHERS; ANTI-DEFAMATION LEAGUE; AUTISTIC 

SELF ADVOCACY NETWORK; BOLD FUTURES; CALIFORNIA WOMEN 

LAWYERS; CLEARINGHOUSE ON WOMEN'S ISSUES; COALITION OF 

LABOR UNION WOMEN; DESIREE ALLIANCE; DISABILITY RIGHTS 

ADVOCATES; DISABILITY RIGHTS EDUCATION & DEFENSE FUND; 

END RAPE ON CAMPUS; EQUALITY CALIFORNIA; FEMINIST

MAJORITY FOUNDATION; FORGE, INCORPORATED; GENDER JUSTICE; 

GIRLS FOR GENDER EQUITY; GIRLS INC.; GLBTQ LEGAL ADVOCATES 

& DEFENDERS; HUMAN RIGHTS CAMPAIGN; KENTUCKY 

ASSOCIATION OF SEXUAL ASSAULT PROGRAMS; KWH LAW CENTER 

FOR SOCIAL JUSTICE AND CHANGE; LEGAL AID AT WORK; LEGAL 

MOMENTUM; LEGAL VOICE; NATIONAL ASSOCIATION OF SOCIAL 

WORKERS; NATIONAL ASSOCIATION OF WOMEN LAWYERS; 

NATIONAL CENTER FOR TRANSGENDER EQUALITY; NATIONAL 

COUNCIL OF JEWISH WOMEN; NATIONAL CRITTENTON; NATIONAL 

NETWORK TO END DOMESTIC VIOLENCE; NATIONAL ORGANIZATION 

FOR WOMEN FOUNDATION; NATIONAL PARTNERSHIP FOR WOMEN & 

FAMILIES; NATIONAL WOMEN'S POLITICAL CAUCUS; OKLAHOMA 

CALL FOR REPRODUCTIVE JUSTICE; PARTNERSHIP FOR WORKING 

FAMILIES; RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE; 

SHRIVER CENTER ON POVERTY LAW; SISTERREACH; SOUTHERN 

POVERTY LAW CENTER; STOP SEXUAL ASSAULT IN SCHOOLS; THE 

AFIYA CENTER; THE WOMEN'S LAW CENTER OF MARYLAND; 

TRANSGENDER LAW CENTER; WASHINGTON LAWYERS' COMMITTEE 

FOR CIVIL RIGHTS AND URBAN AFFAIRS; WOMEN LAWYERS ON 

GUARD INC.; WOMEN WITH A VISION, INC.; WOMEN'S BAR 

ASSOCIATION OF THE DISTRICT OF COLUMBIA; WOMEN'S BAR 

ASSOCIATION OF THE STATE OF NEW YORK; WOMEN'S INSTITUTE 

FOR FREEDOM OF THE PRESS; WOMEN'S LAW PROJECT; WOMEN'S 

MEDIA CENTER; WOMEN'S RIGHTS AND EMPOWERMENT NETWORK; 

WOMEN'S ALL POINTS BULLETIN; NATIONAL EDUCATION 

ASSOCIATION; NORTH CAROLINA ASSOCIATION OF EDUCATORS; 

THE SOCIETY FOR RESEARCH IN CHILD DEVELOPMENT; THE 

SOCIETY FOR THE PSYCHOLOGICAL STUDY OF SOCIAL ISSUES; THE 

COGNITIVE DEVELOPMENT SOCIETY; THE SOCIETY FOR RESEARCH 

ON ADOLESCENCE; PROFESSOR RUTHANN ROBSON
 Amici Supporting Appellees

NATIONAL ALLIANCE FOR PUBLIC CHARTER SCHOOLS

 Amicus Supporting Rehearing Petition

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No. 20-1023

(7:16-cv-00030-H-KS) 

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BONNIE PELTIER, as Guardian of A.P., a minor child; ERIKA BOOTH, as 

Guardian of I.B., a minor child; KEELY BURKS

 Plaintiffs - Appellants

v.

CHARTER DAY SCHOOL, INC.; ROBERT P. SPENCER, in his capacity as 

member of the Board of Trustees of Charter Day School, Inc.; CHAD ADAMS, in 

his capacity as member of the Board of Trustees of Charter Day School, Inc.; 

SUZANNE WEST, in her capacity as member of the Board of Trustees of Charter 

Day School, Inc.; COLLEEN COMBS, in her capacity as member of the Board of 

Trustees of Charter Day School, Inc.; TED BODENSCHATZ, in his capacity as 

member of the Board of Trustees of Charter Day School, Inc.; MELISSA GOTT, 

in her capacity as member of the Board of Trustees of Charter Day School, Inc.

 Defendants - Appellees

and

THE ROGER BACON ACADEMY, INC.

 Defendant

------------------------------

NATIONAL WOMEN'S LAW CENTER; A BETTER BALANCE; AMERICAN 

ASSOCIATION OF UNIVERSITY WOMEN; AMERICAN FEDERATION OF 

STATE, COUNTY, AND MUNICIPAL EMPLOYEES; AMERICAN 
FEDERATION OF TEACHERS; ANTI-DEFAMATION LEAGUE; AUTISTIC 

SELF ADVOCACY NETWORK; BOLD FUTURES; CALIFORNIA WOMEN 

LAWYERS; CLEARINGHOUSE ON WOMEN'S ISSUES; COALITION OF 

LABOR UNION WOMEN; DESIREE ALLIANCE; DISABILITY RIGHTS 

ADVOCATES; DISABILITY RIGHTS EDUCATION & DEFENSE FUND; 

END RAPE ON CAMPUS; EQUALITY CALIFORNIA; FEMINIST 

MAJORITY FOUNDATION; FORGE, INCORPORATED; GENDER JUSTICE; 

GIRLS FOR GENDER EQUITY; GIRLS INC.; GLBTQ LEGAL ADVOCATES 

& DEFENDERS; HUMAN RIGHTS CAMPAIGN; KENTUCKY 

ASSOCIATION OF SEXUAL ASSAULT PROGRAMS; KWH LAW CENTER 

FOR SOCIAL JUSTICE AND CHANGE; LEGAL AID AT WORK; LEGAL 

MOMENTUM; LEGAL VOICE; NATIONAL ASSOCIATION OF SOCIAL 

WORKERS; NATIONAL ASSOCIATION OF WOMEN LAWYERS; 

NATIONAL CENTER FOR TRANSGENDER EQUALITY; NATIONAL 

COUNCIL OF JEWISH WOMEN; NATIONAL CRITTENTON; NATIONAL 

NETWORK TO END DOMESTIC VIOLENCE; NATIONAL ORGANIZATION 

FOR WOMEN FOUNDATION; NATIONAL PARTNERSHIP FOR WOMEN & 

FAMILIES; NATIONAL WOMEN'S POLITICAL CAUCUS; OKLAHOMA 

CALL FOR REPRODUCTIVE JUSTICE; PARTNERSHIP FOR WORKING 

FAMILIES; RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE; 

SHRIVER CENTER ON POVERTY LAW; SISTERREACH; SOUTHERN 

POVERTY LAW CENTER; STOP SEXUAL ASSAULT IN SCHOOLS; THE 

AFIYA CENTER; THE WOMEN'S LAW CENTER OF MARYLAND; 

TRANSGENDER LAW CENTER; WASHINGTON LAWYERS' COMMITTEE 

FOR CIVIL RIGHTS AND URBAN AFFAIRS; WOMEN LAWYERS ON 

GUARD INC.; WOMEN WITH A VISION, INC.; WOMEN'S BAR 

ASSOCIATION OF THE DISTRICT OF COLUMBIA; WOMEN'S BAR 

ASSOCIATION OF THE STATE OF NEW YORK; WOMEN'S INSTITUTE 

FOR FREEDOM OF THE PRESS; WOMEN'S LAW PROJECT; WOMEN'S 

MEDIA CENTER; WOMEN'S RIGHTS AND EMPOWERMENT NETWORK; 

WOMEN'S ALL POINTS BULLETIN; NATIONAL EDUCATION 

ASSOCIATION; NORTH CAROLINA ASSOCIATION OF EDUCATORS; 

THE SOCIETY FOR RESEARCH IN CHILD DEVELOPMENT; THE 

SOCIETY FOR THE PSYCHOLOGICAL STUDY OF SOCIAL ISSUES; THE 

COGNITIVE DEVELOPMENT SOCIETY; THE SOCIETY FOR RESEARCH 

ON ADOLESCENCE; PROFESSOR RUTHANN ROBSON

 Amici Supporting Appellants

NORTH CAROLINA INSTITUTE FOR CONSTITUTIONAL LAW; CIVITAS 

INSTITUTE, INC.; PAUL B. STAM, JR.
 Amici Supporting Appellees

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O R D E R

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A majority of judges in regular active service and not disqualified having 

voted in a requested poll of the court to grant the petition for rehearing en banc, 

IT IS ORDERED that rehearing en banc is granted. 

The parties and any amici curiae shall file 16 additional paper copies of their 

briefs and appendices previously filed in this case within 10 days. Copies of amici 

briefs relating to a petition for rehearing or rehearing en banc are not required. The 

parties may move, or the court may sua sponte order, the filing of supplemental en 

banc briefs pursuant to Local Rule 35(d). 

This case will be tentatively calendared for the next available oral argument

session.

For the Court

/s/ Patricia S. Connor, Clerk